MINUTES - Regular - 10/9/2008 548 CITY OF SALEM
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
October 9, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on October 3, 2008 at 11.21 A.M.
All Councillors were recorded as present.
Council President Michael Sosnowski presided.
Councillor O'Keefe moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.
Councillor O'Keefe requested and received unanimous consent to suspend the rules to allow
the Mayor to speak.
#582 — REQUEST FROM THE MAYOR TO ADDRESS THE CITY COUNCIL
A request of the Mayor to address the City Council to give an update on the current fiscal
outlook was received and filed.
#583 — REAPPT. OF MEMBERS OF THE BIKE PATH COMMITTEE
The Mayor's reappointment of the following to serve as members of the Bike Path
Committee with the following terms to expire October 1, 2011, was confirmed by unanimous roll
call vote of 11 yeas, 0 nays, 0 absent.
Stan Franzeen, 34 Daniels St., Salem
David Pelletier, 12 Crombie St., Salem
#584 - CONSTABLE
The Mayor's appointment of John Ruehrwein, 32 Pine St., Wakefield, to serve as Constable
with a term to expire December 10, 2011, was received and placed on file.
CITY OF SALEM 549
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
#585 — APPR. TO HUMAN RESOURCES — WORKERS COMPENSATION
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Thirty-Six Thousand, Six Hundred and Seventy-Two Dollars
and Ninety-Six Cents ($36,672.96) is hereby appropriated to "Human Resources —Workers
Compensation" account listed below to be funded by property taxes, state aid, non-property tax
revenue and reserves when the FY 2009 tax rate is set in accordance with the recommendation of
Her Honor the Mayor.
Workers Comp Salaries 30,160.29
Workers Comp Medical 1,409.63
Workers Comp Ext. 5,103.04
Total 36,672.96
#586 —ACCEPT DONATION FROM SPECTRUM HEALTH SYSTEM INC.
The following Order, recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Spectrum Health Systems, Inc. in the amount of
Three Thousand Five Hundred Dollars ($3,500.00) to fund the maintenance of the utility service for
the Youth Resource Center located at 50 Leavitt Street. These funds will be deposited into the
Police Department Donation Fund 241 1 1-4830 in accordance with the recommendation of Her
Honor the Mayor.
#587 — ELECTION ORDER
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several
voting precincts in the city at the polling places designated hereinafter on Tuesday, November 4, 2008 for
the purpose of casting votes in the State Election for the candidates of political parties for the following
offices:
ELECTORS OF PRESIDENT & VICE PRESIDENT ...........STATEWIDE
SENATOR IN CONGRESS...........................................FOR THE COMMONWEALTH
REPRESENTATIVE IN CONGRESS..............................SIXTH CONGRESSIONAL
DISTRICT
550 CITY OF SALEM
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
COUNCILLOR.......................................................... FIFTH COUNCILLOR DISTRICT
SENATOR IN GENERAL COURT..................................SECOND ESSEX DISTRICT
REPRESENTATIVE IN GENERAL COURT.....................SEVENTH ESSEX DISTRICT
REGISTER OF PROBATE...........................................ESSEX COUNTY
AND THE FOLLOWING QUESTIONS:
QUESTION #1 — Legislation to reduce the state personal income tax rate to 2.65% for all categories
of taxable income beginning January 1, 2009 and eliminate the tax for all tax years beginning on or
after January 1, 2010
QUESTION #2— Legislation to replace the criminal penalties for the possession of one ounce or less
of marijuana with a new system of civil penalties.
QUESTION #3— Legislation to prohibit dog races on which betting or wagering occurs, effective
January 1, 2010.
WARD ONE
PRECINT ONE Bentley School, Memorial Drive
PRECINT TWO Recreation Room, 27 Charter Street
WARD TWO
PRECINT ONE Carlton School, 10 Skerry Street
PRECINT TWO Recreation Room, Salem Heights, 12 Pope Street
WARD THREE
PRECINT ONE Council on Aging, 5 Broad Street
PRECINT TWO Ste. Anne's School, 9 Cleveland Street
WARD FOUR
PRECINT ONE Community Room, Colonial Terrace
PRECINT TWO Princeton Crossing Community Center, Heritage Drive
WARD FIVE
PRECINT ONE Temple Shalom, (Front Entrance) 287 Lafayette Street
PRECINT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINT ONE Bates School, Liberty Hill Avenue
PRECINT TWO Mack Park , Tremont Street
WARD SEVEN
PRECINT ONE Salem State Public Safety Bldg. 73 Loring Avenue
PRECINT TWO Salem State Gymnasium, Harrison Road
AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 A.M. and closed at
8:00 P.M. and that the City Clerk be instructed to post this notice as required by law.
CITY OF SALEM 551
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
#588 — DRAINLAYER / CONTRACT OPERATOR APPLICATION
Councillor O'Keefe introduced the following, which was adopted.
ORDERED: That the enclosed Drainlayer/Contract Operator Application for EB Enterprise
Inc. be granted.
#589 — COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the regular meeting of the City Council, for the month of November and
December shall be held on Thursday, November 20, 2008 and Thursday, December 11, 2008
#590 —YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated September 30, 2008, be received
and placed on file.
#591 — PRELIMINARY SCREENING COMMITTEE FOR A BUDGET ANALYST
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a Preliminary Screening Committee of the following Councillors meet with
the City Solicitor and the Human Resource Director for the purpose of interviewing candidates for
the position of a Budget Analyst: Councillor Sosnowski, Councillor Lovely, Councillor Prevey,
Councillor Sargent and Councillor Veno and that the first meeting be held in Executive Session.
#592 — (#574 -#576) - GRANTING CERTAIN LICENSES
Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept the report and adopt the recommendation.
552 CITY OF SALEM
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of granting certain licenses, has considered said matter and would recommend that the following
be granted:
TAG DAY Knights of Columbus, October 10, 2008 & October 13, 2008
S.H.S. Girls Volleyball, October 12, 2008
S.H.S. Hockey Team, November 29, 2008 & December 13, 2008
#593 — (#572) — RECIND 1958 ORDER FOR 13 FORT AVENUE PARCEL
Councillor Prevey offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation by a unanimous roll call
vote of 11 yeas, 0 nays, 0 absent.
The Committee on Administration and Finance to whom was referred the matter of recinding
a 1958 Order for the 13 Fort Avenue parcel, has considered said matter and would recommend
adoption of the newly submitted Council order prepared by the City Solicitor dated October 9,
2008.
#594 — (#554) — POLICE DEPARTMENT INVOICES
Councillor Prevey offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 10
yeas, 1 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey,
Ryan, Sargent and Veno were recorded as voting in the affirmative. Councillor Sosnowski was
recorded as voting in the negative.
The Committee on Administration and Finance to whom was referred the matter of paying
Police Department Fiscal Year 2008 invoices in the amount of$10,997.45 from the Fiscal Year
2009 Police Budget, has considered said matter and would recommend approval.
Councillor O'Keefe assumed the Chair.
CITY OF SALEM 553
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
#595 — (#465, #596) — LEASE FOR THE TRANSFER STATION
The following Order, recommended by the Mayor, was referred to the Committee of
the Whole.
ORDERED: That the Mayor is authorized to execute a one year lease, commencing
on October 1, 2008, of the City's Transfer Station located on Swampscott Road to Northside
Carting, Inc. The terms of the lease shall include, at a minimum, the following:
• Monthly lease payment of$1,050.00 ($12,600 annualized);
• Acceptance free of charge of yard waste delivered to the site by Salem residents and
City departments;
• Acceptance of up to 50 lbs. of non-hazardous residential waste delivered to the site
per trip by Salem residents and a discount on any additional waste at a rate $20.00
less per ton than the regular disposal rate at the Station, with a $5.00 minimum
charge.
• Acceptance free of charge waste generate by city departments
The Mayor is further authorized to execute an additional one year lease in the event that the City
continues to own the subject property. The lease payment shall increase above the prior year's
rate by the CPI — Greater Boston area.
And finally, the Mayor is authorized to enter into an agreement with Northside Carting, Inc. for the
payment of$19,792.00 for the use of the subject property during the period of March 1, 2007 and
September 30, 2008 and which payment is due and payable upon the transfer of the subject
property to Northside Carting, Inc. or December 31, 2009, whichever date comes first.
#597 — CONDUITS ON WEBB STREET
A hearing was ordered for October 23, 2008 on the petition of National Grid to install four
conduits on Webb Street.
#598 — INVITATION FROM PEABODY CITY COUNCIL
An invitation from the Peabody City Council to meet to discuss future plans for flood
mitigation and the downtown area. Councillor Pelletier moved that the Peabody City Council be
contacted to schedule a date for the joint meeting.
554 CITY OF SALEM
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
#599 — PUBLIC GUIDE LICENSE APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses
and Legal Affairs.
PUBLIC GUIDES Eric Fialho, 22 Hancock St., Salem
#600 -#601 — LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATOR William Coffey, 2 Hancock St., Peabody
VEHICLE FOR HIRE Vincent Monaco, 16 Washington St., Peabody
(OPERATORS ONLY) Deedra Campbell, 17 Andreski Dr., Freemont, NH
#602 — CLAIMS
The following Claim was referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
Chelsy Jenkins, 98 Washington Sq. #14, Salem
(#558) — SECOND PASSAGE ORDINANCE AMENDING TRAFIC, PARKING TIME LIMITED
The matter of second and final passage of an Ordinance amending Traffic, Parking Time
Limited, Unmetered Zone Section 57A, Loring Avenue, was then taken up. The Ordinance was
adopted for second and final passage.
CITY OF SALEM 555
OCTOBER 9, 2008
REGULAR MEETING OF THE CITY COUNCIL
(#559) — SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED
The matter of second and final passage of an Ordinance amending Traffic, Parking Time
Limited Section 57A, Lafayette Street, was then taken up. The Ordinance was adopted for second
and final passage.
(#560) — SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED
The matter of second and final passage of an Ordinance amending Traffic, Parking Time
Limited Section 57A, Lafayette Street westerly side, was then taken up. The Ordinance was
adopted for second and final passage.
(#561) — SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED
The matter of second and final passage of an Ordinance amending Traffic, Parking Time
Limited Section 57A, Lincoln Road, was then taken up. The Ordinance was adopted for second
and final passage.
(#561) — SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING
LIMITED TIME
The matter of second and final passage of an Ordinance amending Traffic, Handicap
Parking Limited Time Section 5013, Buffum Street, was then taken up. The Ordinance was adopted
for second and final passage.
On the motion of Councillor O'Keefe the meeting adjourned at 10.15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK